European Union (Notification of Withdrawal) Bill

Baroness Jones of Moulsecoomb Excerpts

Committee: 1st sitting (Hansard): House of Lords
Monday 27th February 2017 Lords Chamber

[The Lord Bishop of Newcastle]

My Lords, I declare an interest as a member of the court of Newcastle University. The amendment tabled by the noble Baroness, Lady Quin, and the noble Lord, Lord Shipley, asks for an impact assessment of the effect of Brexit on the economy of the north-east. When we think about that economy, perhaps our thoughts turn first to the EU funding that the economy receives and then to the manufacturing sector. But the city of Newcastle is deeply enriched by the presence of two first-class universities, and there are 50,000 students in Newcastle. Tomorrow a report will be released to the media which details the extraordinary contribution of Newcastle University to the economy of the north-east.

The university adds £1.1 billion to the economy overall. Newcastle University alone, not including all the other universities in the north-east, is the fourth-largest employer in the region and accounts for 6% of all jobs in Newcastle. In addition, research grants totalling £105 million have helped to support major investment in research projects ranging from research into ageing to subsea and offshore engineering on the banks of the Tyne. I hope that the Minister can reassure us that the Government will assess the impact of Brexit on our universities, and in particular on our universities in the regions, which clearly are major players in our economic flourishing. If universities are undermined by not being able to attract students from this country, Europe and beyond with limitations on immigration and if they are not able, as Newcastle University does at the moment, to go for staff who are at the top of their field and not see nationality as a limiting factor, as well as being able to attract the EU funding referred to by the noble Lord, Lord Shipley, it will have an impact on them as world-class institutions and on their contribution to the economy of a place such as the north-east.

Newcastle University, like other universities, is a major player, so I hope that the impact assessment will value the economic significance of universities and the contribution that they make to our economy, as demonstrated by the report to be published tomorrow on Newcastle and the north-east.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I rise to speak finally to the three amendments in this group tabled in my name, Amendments 13, 14 and 15. These are not about the negotiations or begging the EU for a decent Brexit, they are about the things we have to do here in the UK to make sure we have enough environmental protection for the future.

Amendment 13 would ensure that, in relation to EU-derived environmental protections, the UK judicial system would be ready, following departure from the EU, to perform effectively the enforcement functions currently undertaken by the institutions of the EU. As has been noted by many Members of the Committee, the environmental protections currently guaranteed by our membership of the European Union rely on an established and robust system of monitoring and enforcement provided by EU institutions and agencies. We must make sure that we replace them with something. The most important part of the system has been the strong pressure to implement the law, and to do so within a specified timescale. This incentive to adhere to the law arises from the monitoring role of the EU agencies and the Commission acting as the guardian of the law and responding to legitimate complaints. If the Government are serious in their ambition to be the first to leave the environment in a better condition than that in which they found it, Ministers must give details on how this complex and robust system of legal enforcement will be replaced here in the UK.

Amendment 14 concerns environmental regulators and would ensure that, following withdrawal from the EU, the UK’s environmental regulators and enforcement agencies—that is, the Environment Agency, Natural England and the Department for Environment, Food and Rural Affairs—are adequately funded and authorised to perform effectively the regulatory functions currently undertaken by EU institutions. Again, effective and robust environmental protection relies on well funded and staffed institutions to monitor compliance with environmental law. It also needs powerful regulators and courts to ensure that breaches of the law are challenged.

For the past 40 years this system of environmental enforcement in the UK has been grounded in the institutions of the European Union, the European Commission and the European Court of Justice. So far, we have had only a few offhand comments from Ministers and one line in the White Paper giving no detail about how this important system of checks, balances and safeguards will function once we are out of the EU. The Government are basically asking us to vote blindly and without caveat for a major upheaval in the way our countryside, wildlife and natural environment are protected. We still do not know whether the Government intend to rely on existing regulators to fill the gap after we leave the EU. It is time to be very clear about what we are going to do, because millions of people care about this.

Amendment 15 concerns access to justice relating to environmental legislation, so that the UK Government would remain committed to providing access to justice on environmental issues for citizens of the UK following withdrawal from the EU. The enforcement mechanisms established by the EU legal framework have been sophisticated. If a member state is deemed non-complaint with EU environmental law, the European Commission can bring infringement proceedings that can ultimately lead to large fines. This independent accountability mechanism has proved quite effective and the risk of penalties for non-compliance has been particularly important in motivating Governments to act, albeit rather slowly at times. But there has been little indication so far of what institutional mechanisms would perform this role. Many of us are concerned that there will be no mechanism at all.

I have listened to most of the debate in this House, either in the Chamber or from my office. I want to combat something I heard earlier. Somebody on the Benches opposite said something about the will of people being that the Bill passes unamended. That is complete nonsense. It is a Bill dreamed up by the Government. Although I understand exactly why the Government have made it this simple, it is our duty to amend it because it simply is not enough.

Somebody else mentioned how it is quite anti-European to be talking in these terms. Personally, I am very pro-European. I can manage to get by in two European languages—three if you count English—and I have many friends who are from the European mainland. I want to dispel the myth that what we are doing from these Benches in trying to amend the Bill is in any sense against the will of the people.

[Lord Forsyth of Drumlean]

My Lords, it most certainly is against the will of the people. The noble Baroness is quite wrong. The Bill is about firing the starting gun to bring forward what the people voted for, which is our withdrawal from the European Union. The mechanism the Government have chosen is the use of Article 50. I have some sympathy with some of the amendments, including hers, but these are matters that will become the responsibility of the United Kingdom’s Parliament. An amendment I should like to make is to the Long Title of the so-called great repeal Bill. As a name, I can think of nothing more inappropriate—

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[Lord Forsyth of Drumlean]

Yes, the Short Title; I have been corrected. The Bill’s name is misleading, because it will enable us to bring into UK law all kinds of measures, under the jurisdiction of this Parliament. May I ask the noble Baroness a question: is there any aspect of European environmental regulation that she dislikes?

[Baroness Jones of Moulsecoomb]

I thank the noble Lord for the opportunity. Yes, there is quite a lot I dislike, but that is not for now. There are parts of the common agricultural policy and the common fisheries policy that I dislike very much.

[Noble Lords]

She voted leave!

[Baroness Jones of Moulsecoomb]

My point is that we have to make sure our standards do not drop, because we as a nation have got used to very high standards. We need not only to transfer the decent things, but to make them even better.

[Lord Forsyth of Drumlean]

I have the opportunity to kill two birds with one stone. The noble Baroness has very honestly answered on the things that she would like to see changed. The great news is that, as a result of this, she will be able to persuade this Parliament to do so. Currently, she can make many speeches in this House, as can people in the other place, but we do not have the power to change these matters. That is the great breakthrough. I am surprised that the noble Baroness is tabling amendments to a Bill that is simply starting the process that will enable her to make the kinds of changes that she wants, provided she can persuade a group here. The other bird that can be killed came from a sedentary position. As we heard from the Liberal Benches, the noble Baroness is a leaver. We are all leavers now.

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[Lord Oates]

My Lords, given the late hour, I shall speak briefly in support of the noble Lord, Lord Warner, and the amendment he has just moved. Many of us have been deeply shocked by the approach that the Government have chosen to take post the referendum. Clearly, none of us in this part of the House was happy with the referendum result, but some of us thought that with a new Government we had a grown-up as a Prime Minister and that the approach taken would be sensible, measured and thoughtful. However, I am afraid that since 23 June the evidence has been absolutely in the opposite direction. Therefore, it is particularly important that Parliament has a proper role in this matter.

The noble Lord, Lord Warner, has set out some of the key points of the amendment relating to our trading relationships, the movement of citizens, the potential exit charge and the implications for the devolved Administrations. The Minister, the noble Lord, Lord Bridges, has said a number of times, including recently, that the Bill is not the place to constrain the Government’s negotiating position, but I think many of us here want to ensure that Parliament has a role in constraining because we are so alarmed at what has taken place since 23 June. I am afraid that scepticism has been caused by the Government’s actions, and they have only themselves to blame for that. I think the Government, Parliament and the whole process would benefit from proper information being provided to Parliament so that we can assess this process as it goes on and do not just get to a cliff edge at the end, finding the catastrophic position that some people outlined in earlier debates. On that basis, I strongly support the amendment moved by the noble Lord, Lord Warner.

[Baroness Jones of Moulsecoomb]

I support Amendment 18. All these negotiations are going to be complex and long and for the Government to expect a respite from parliamentary scrutiny would be quite wrong. If we have a commentary it will also raise the likelihood of Parliament accepting the outcome, because there is nothing worse than something being sprung on you. My noble—I was going to say my noble enemy, but my noble opponent—the noble Viscount, Lord Ridley, said earlier that the leavers had actually come round to the thought that if we lost the referendum, we would accept the result, and I think that that is partly because we talked through those things, we actually thought about it. It will be true for the EU negotiations as well that if the Government give as much information as they possibly can then the whole nation is more likely to accept what has happened.

[Lord Blencathra]

My Lords, I oppose this amendment partly on the basis that we do not need to put it in the Bill and partly because I think I have heard my noble friend say on countless occasions that we will have scrutiny after scrutiny in this House and, no doubt, in the other place. We have no legislative requirement at the moment to scrutinise the EU. Does the Minister have at his fingertips, or will he be able to tell us in his reply, how many Oral Questions we have had answered on this? We seem to have one on the Order Paper every day on an EU issue. Half the Order Papers have Written Questions on the EU. We have some excellent Select Committee reports from our Select Committees—we seem to debate one every week—and we have countless other debates. We are having more scrutiny that I think we can cope with.

My worry is that once we trigger Article 50 this House will have nothing much to do next year. The other place will start with the great repeal Bill. All we will have will be the EU retaliating immediately after we have put in our bid and saying, “We are not having any of that nonsense—we want £50 billion, thank you”. We will have German and French elections—the Dutch elections may be over by then—and we will have information coming from Europe which will be from politicians and will not be helpful. All we will have, in the other place and in this place, will be colleagues rushing in, demanding Urgent Questions, putting down Motions here, there and everywhere, demanding ministerial Answers.